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Opinions May 28, 2019
Indiana Court of Appeals
Gary Police Civil Service Commission v. City of Gary
18A-MI-540
Miscellaneous. Affirms the Lake Circuit Court’s reversal of the Gary Police Civil Service Commission’s order for the city of Gary to reinstate Reserve Officer Lamarquist Pritchett. Finds the trial court did not commit reversible error in declining to defer to the commission’s findings. Also finds the trial court did not err in concluding the commission’s ruling was arbitrary and capricious because it was issued in disregard of the undisputed facts and circumstances.
Resisting conviction affirmed over challenged ‘force’ instruction
An Indianapolis man’s conviction of Class A misdemeanor resisting law enforcement will stand after an appellate court declined to reverse it over a challenged jury instruction that sought to illustrate what appellate courts have construed to constitute “force.”
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Cass County auditor loses appeal of contempt finding
A Cass County elected official who refused to pay out a payroll voucher has failed to convince the Indiana Court of Appeals to overturn the local trial court’s imposition of a contempt finding against her.
Appeals court upholds removal of Gary reserve officer
A Gary reserve officer suspended but later reinstated must now remain off the force after the Indiana Court of Appeals agreed that the Gary Police Department presented evidence of the reserve officer’s “repeated and blatant noncompliance” with orders.
Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
DTCI: The Scope of Discovery Standard — Is it Time for an Update?
Indiana implemented the scope of discovery standard in what is now the first paragraph of Ind. Trial Rule 26(B)(1), a standard with which we are all familiar. It has remained unchanged since, despite advances in technology have changed the landscape in which it functions.
Cash held by state shutters domestic violence shelters
A much longer-than-ordinary delay funneling state and federal grant dollars through the Indiana Criminal Justice Institute to domestic violence agencies has had dire results for many, causing at least one shelter for victims of abuse to close.
Contamination at justice center site concerns judges
After being home to a gas and coke facility for nearly 100 years, the land designated for the new Marion County Community Justice Center has a toxic legacy buried deep in its soil. Judges have asked for a second opinion on the environmental health of the location in the Twin Aire neighborhood of Indianapolis.
Terms of Service
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Indiana fetal disposition law upheld by U.S. Supreme Court
Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.
New Indiana lawyers admitted to practice
The Indiana Lawyer congratulates the newest attorneys in the state listed here, many of whom took their oaths in a ceremony May 14 in Indianapolis.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths May 14, they were reminded that just as they needed to achieve this success, they will continue throughout their careers to need a little help from their friends.
Bowling: Calm within the storm — Advice for new attorneys
As much as I’d like to tell you otherwise, beginning your new career that you’ve devoted the last three years of your life preparing for isn’t all sunsets and splendor. It’s tough, but with the right advice and the right attitude, it can be fun.
Tough transition: Young lawyers say early struggles lead to attorney growth
A recent survey of young Florida attorneys found that roughly 58 percent say the practice of law has become “less desirable” to them as their years in practice have increased. But facing difficulties doesn’t mean the next generation of Indiana lawyers are preparing to switch careers. Rather, they say the struggles they encountered, though painful at the time, have improved their skills as client advocates.
Lueken: Tax Cuts and Jobs Act requires review of irrevocable trusts
Have you reviewed your clients’ estate plans since the Tax Cuts and Jobs Act of 2017 (“Tax Act”) took effect? Among its myriad changes, the Tax Act drastically increased the federal estate tax exemption.
Accused pediatrician’s medical license suspension extended
A Boone County pediatrician charged with sexually abusing three boys has had his medical license suspended for another 90 days. The Indiana Medical Licensing Board originally suspended 41-year-old Dr. Jonathon Cavins’ medical license in March for 90 days, until mid-June, but the board recently added another 90 days to the Jamestown man’s original suspension, meaning he’ll remain suspended until after his July trial.
Kissel & Snellenbarger: When to tell the IRS about gifts to children
When giving gifts to children, we think about birthdays and achievements, but we rarely question whether those gifts are taxable or reportable. Even if only using a portion of your lifetime exemption, be sure gifts to children are reported when necessary.
Report: Detective’s contact with USA Gymnastics not a breach
An internal Indianapolis police investigation has determined a detective didn’t violate department policies by working with USA Gymnastics’ former chief executive to deflect criticism of the organization’s child abuse reporting policies. The Indianapolis Metropolitan Police Department conducted a months-long probe into the actions of Lt. Bruce Smith, an acquaintance of ex-USA Gymnastics CEO Steve Penny who formerly ran the department’s Child Abuse Unit.